Legal Insights

February 12, 2020

Recent Austrian Supreme Court Jurisprudence on Arbitrator Bias

In a recently rendered decision (18 OCg 5/19p), the Austrian Supreme Court departed from its previous practice of setting aside arbitral awards on grounds of arbitrator bias only in particularly glaring cases. As a consequence, future challenges no longer need to meet this high threshold. However,…

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December 11, 2019

Trapped in Humanity: Unconscious Bias Within Perception and Decision-Making in Arbitration

In dispute resolution, the skill of coherent and convincing “storytelling” is essential for an attorney to win its case. Similarly, as arbitrators are given substantial authority by the parties, transparent and rational decision-making may be of crucial importance to fruitfully resolve a dispute.

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November 6, 2019

The Subjective Scope of Pre-Insolvency Arbitration Agreements

In November 2018, the Austrian Supreme Court handed down a landmark decision (18 ONc 2/18s), clarifying that an arbitral tribunal may verify the accuracy of a claim that is subject to insolvency proceedings despite the otherwise exclusive jurisdiction of the insolvency court, provided that the…

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